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Tag: "preemption"

The Center for Public Integrity has followed the local choice debate closely. Their team has travelled to Tennessee and North Carolina to talk to lawmakers, visited communities seeking high-speed networks, and dug deep into the source of influential campaign funds. Allan Holmes and his team have assembled a collection of articles and audio that offers the right amount of history, backstory, and anecdotes to properly understand these issues.

Holmes published an article last August that took a deep look at telecommunications laws at the state level. Along the way, he spoke with State Senator Janice Bowling from Tullahoma. MuniNetworks.org readers know that the community is known for LightTUBe, the fiber network offering an oasis of high quality connectivity in an otherwise broadband desert. At the time, the Wilson and Chattanooga petitions were still fresh but Tennessee communities had long dealt with the problem of poor connectivity from incumbents. From the August article:

“We don’t quarrel with the fact that AT&T has shareholders that it has to answer to,” Bowling said with a drawl while sitting in the spacious wood-paneled den of her log-cabin-style home. “That’s fine, and I believe in capitalism and the free market. But when they won’t come in, then Tennesseans have an obligation to do it themselves.”

Holmes wrote about economic development in Tullahoma, a factor that seems directly tied to the presence of its municipal network:

Employment in Tullahoma lagged statewide job growth before theLightTUBe was turned on. Since the recession ended in 2009, two years after the city began offering broadband, the city has outpaced job growth in Tennessee. The city added 3,598 jobs from April 2009 to April 2014, a 1.63 percent annual growth rate, about double the statewide rate, according to the Bureau of Labor Statistics.

For perspective, Holmes visited Fayetteville, North Carolina, where community leaders have tried and failed to initiate community network deployment. Even though the community has a generous store of fiber assets, state laws prevent municipalities from offering connectivity. Local officials see the nonsense behind...

We also discuss my presentation at Freedom to Connect, where I offer some thoughts on what communities can do in the long term to ensure we end scarcity and the corporate monopoly model of Internet access.

Though we will continue to fight against barriers to local choice and work to ensure every community has the authority to choose the model that best fits it, we plan to spend more time examining how Internet access can be built as infrastructure rather than as for a specific service from a single provider.

"Our members are hungry to have broadband," said Rhedonna Rose, executive vice president of the 600,000-member Tennessee Farm Bureau Federation. "We represent a lot of Tennesseans in very rural areas of the state who are frustrated that they don't have high-speed Internet."

SB 1134 and its companion HB 1303 are brief and direct, allowing municipal power distributors the right to extend Internet access beyond current geographic boundaries established by state barriers. Bradley County, one of EPB's neighbors, would like to have EPB expand service to them but state laws, backed by large corporate incumbents not interested in serving Bradley, forbid expansion.

According to a Chattanoogan article, EPB and Bradley County are planning for the expansion which will serve about 1,000 people; about 800 of those people rely on dial-up for Internet access. From the Chattanoogan article:

“We have people who live within half a mile of our service territory … who have nothing but dial-up, and that doesn’t make any sense” [EPB CEO Harold] DePriest said. “In a lot of cases we can get to those areas fairly easily.”

The recent FCC decision changed the landscape in Tennessee and North Carolina for now but policy advocates, telecommunications attorneys, and community leaders are braced for legal challenges. In a Times Free Press article from last week, Tennessee Republican Governor Bill Haslam stated that his office would consider appealing the FCC decision.

Bowling and Brooks are more interested in solving the broadband problem for their...

In light of the recent FCC decision to restore some local telecommunications authority in Tennessee and North Carolina, it is time to examine the details. Join leading telecom attorneys Jim Baller and Marty Stern as they host a live BroadbandUS.TV webcast on March 13th to discuss Title II, network neutrality, and new possibilities for munis.

The event begins at 1 p.m. ET and is titled FCC Takes Charge - Net Neutrality and Muni Broadband: New Title II Rules for Broadband Access and Preempting State Limits on Municipal Networks. Registration is available at the BroadbandUS.TV website. More info about the event:

In this special edition of Broadband US TV we examine two historic decisions from the FCC: The decision to classify broadband access as a Title II service, and the preemption of state laws in North Carolina and Tennessee that placed limits on municipal broadband networks. We’ll dive into these issues with two panels of prominent players and experts on both sides of these white hot issues. Hear details about the rulings, predictions on implementation and court challenges, and what these rulings are likely to portend for broadband in America over the next year and beyond. On the muni broadband panel, our own Jim Baller, lead counsel to Chattanooga and Wilson before the FCC, will go from host to panelist and mix it up with our other guests. We’ll be sure not to cut him any slack.

Republican State Senator Janice Bowling from Tennessee is once again speaking out in favor of local telecommunications authority. On Monday, she published an op-ed in the Tennessean titled "Don't limit high-speed broadband to big cities," noting that rural communities often have no choice but to build their own infrastructure to obtain fast, reliable, affordable Internet access for residents and businesses.

Bowling refers to Tullahoma, her own home town, where economic growth is strong and Internet access is affordable. Tullahoma has a history of increasing speeds without increasing rates and now offers gigabit service for around $100. Unfortunately, Tullahoma is surrounded by communities it cannot help due to the state limitations.

Tennessee's restrictive laws prevent other communities from following in Tullahoma's footsteps. She sees the way these laws hold back people in her home state:

Unfortunately, public broadband networks are impeded by restrictive state laws that limit the power municipals have in providing services. In Tennessee, a 1999 law prohibits municipalities that operate broadband networks from providing service to anyone outside of the boundaries of their electrical footprint. This means that people in rural towns and small communities are still without high-speed Internet.

They’re without educational and employment opportunities, improved modern health care, enhanced public safety or better-quality government services, among other benefits.

…

As a senator representing seven rural counties and a resident of a small community myself, I am speaking out for all of those who are being held hostage to 20th-century technology. Let us grow our economies, improve our governments’ performance and create jobs for in our communities. Let us have Internet choice(s).

In November, Senator Bowling spoke at the Next Century Cities event "Envisioning a Gigabit Future." Below is her presentation on the need for high-speed connectivity and local authority in rural...

Minnesota Public Radio’s Daily Circuit (MPR) interviewed Chris about President Obama’s recent endorsment to end restrictions on states that limit local broadband authority. Chris and Danna Mackenzie, executive director of the Minnesota Office of Broadband Development, answered questions about what Obama’s announcement means for faster, cheaper, more reliable Internet for consumers.

Chris explained that it’s great to see federal government “getting it right” and championing the rights of local governments. He also discredits the argument about public money for Internet networks, and addresses why municipal approaches offer some of the wisest and most efficient use of taxpayer dollars.

Boulder was one of several Colorado communities that reclaimed local authority last fall. They had no specific project planned but knew they needed to create an environment rich in opportunity. Colorado's state law is so restrictive, there was little Boulder could do with the fiber resources they already have in place:

"Before, we were technically breaking the law by having wi-fi at the library," [Boulder IT Director Don Ingle] said.

Ingle told the City Council at it's January 26th meeting that the project was estimated to be less than $100,000 and that they hope to have it completed by March, weather permitting.

You can listen to Chris interview Don Ingle about the situation in Boulder in Episode 108 of the Community Broadband Bits podcast.

President Obama suggested restoring local telecommunications authority while visiting Cedar Falls in January and a number of local elected officials were ready to back him up. Leaders from 38 members of Next Century Cities recently submitted a public letter to the FCC urging commissioners to consider local autonomy as they consider the Chattanooga and Wilson, North Carolina, petitions.

Last summer, both communities filed with the FCC seeking relief from restrictive state laws that prevent their broadband utilities from serving surrounding communities. FCC Chairman Wheeler has spoken in support of local authority more than once. Next Century Cities, a coalition of communities that was formed specifically to advance better connectivity, writes:

We write only to urge that, as you consider these petitions, you take proper account of the importance of local choice and autonomy. The benefits of high-quality broadband are now beyond dispute: these projects have stimulated local innovation and economic development, enhanced education, improved government services, and opened new worlds of opportunity to communities and citizens. It is our hope that federal policy will support the realization of these outcomes in our communities and in towns and cities across the country, by empowering every community to meet the needs of their residents.

You can read the full letter [PDF] online to see if your elected officials signed on.

Last year was the first year I attended Mountain Connect, an event in the Rockies west of Denver that discusses approaches to improving Internet access. Historically, they focused on rural communities but as co-chair of the event Jeff Gavlinski notes in our discussion this week, they are expanding it to include more urban issues as well.

Mountain Connect is growing in many ways and I am excited to return to it in early June.
As Jeff and I discuss, it is focused on all solutions to expanding access - whether private sector, coop, muni, partnership, etc.

Colorado has a lot of activity from munis and especially munis that are looking to partner, but also has a state law that requires a time-and-energy consuming referendum before the community can really do any planning or take action to improve its situation.

On February 3rd, voters in Estes Park voted 92 percent to reclaim local authority to establish a telecommunications utility. The result follows a greater trend in Colorado where eight communities made similar decisions last fall. Each of these elections has happened during Comcast's merger review, which may have discouraged them from their usual tactics to oppose competition.

The Estes Park Trail Gazette reports that a series of meetings will be scheduled to inform residents and businesses and to obtain feedback for planning. The community is working with a consultant to determine the next step.

As we reported last November, the community has struggled with communications infrastructure since 2013 flooding wiped out private networks that served residents and businesses. Estes Park wants to make better use of its share of the fiber optic network deployed by the town and the Platte River Power Authority in 2004. Before the town can take any action, state law dictates an election.

"The Town of Estes Park is happy with the results of this election," said Estes Park Town Administrator Frank Lancaster. "Broadband service is critical for any community moving into the future, and technological challenges are greater for a smaller community like Estes Park.

"This will allow us to look at a number of alternatives that can improve the service to residents, guests and businesses as well as allow the town to partner with our local internet providers to help them become more successful and to provide a higher level of service to their customers."

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In Orwellian fashion, many of the examples offered as disasters are actually tremendous success stories. Many of the figures used as contemporary evidence against municipal broadband are based on case studies of cable television systems from a report that is seven years old. Even if it were still timely, its conclusions have been thoroughly debunked.